Opinion
Argued November 13, 1985
Decided December 17, 1985
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department.
Ronald D. Jones, Bruce V. Miller and Heino H. Prahl for appellant.
Lawrence G. Malone, David E. Blabey and Jonathan D. Feinberg for respondent.
Judgment affirmed, with costs, for reasons stated in the opinion by Presiding Justice A. Franklin Mahoney at the Appellate Division ( 107 A.D.2d 357).
Concur: Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER and TITONE. Taking no part: Judge JASEN.